The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed the instant crime even though he/she had been sentenced to a fine twice due to drinking driving.

Blood alcohol concentration was also 0.149% higher.

However, the defendant has no record of criminal punishment exceeding a fine, and has committed a crime in depth and has not committed a second offense.

The defendant does not cause a traffic accident, and the driving distance is about 700 to 800 meters.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.